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IRIS 1999-6:1/11 [DE] Decision on Split-Screen Advertising Upheld

In a judgement delivered on 1 April 1999, the Higher Administrative Court ( Oberverwaltungsgericht OVG ) in Berlin dismissed the appeal of the Berlin-Brandenburg media authority against the decision of the Berlin Administrative Court ( Verwaltungsgericht VG ) of 17 December 1998. In its decision, the VG Berlin had held the practice followed by the television broadcaster n-tv, using a crawling display simultaneously with the normal picture for advertising purposes, to be admissible (see IRIS 1999-2:6). In its judgement, the OVG agreed with the court of first instance that the crawling text, as...

IRIS 1999-6:1/10 [DE] New Rulings on Extended Advertising Programmes and Surreptitious Advertising

In two judgements delivered on 15 April 1999, the Berlin Administrative Court ( Verwaltungsgericht - VG ) upheld earlier rulings made in the granting of provisional legal protection. The first case (file no. VG 27 A 289.98) concerned whether the feature film " Feuer, Eis und Dynamit " should be indicated as being an extended advertising programme (see IRIS 1999-1:6). The applicant broadcaster had appealed against the decision of the Berlin-Brandenburg media authority ( MABB ) under which the film could only be broadcast if it were indicated as being an extended advertising programme. In the Court's...

IRIS 1999-6:1/9 [DE] No Protection for Private Broadcasters under the Südwestrundfunk State Agreement

In a decision of 27 April 1999, the Baden-Württemberg Higher Administrative Court ( VerwaltungsgerichtshofVGH ) dismissed an appeal by a private broadcaster against the decision by the Stuttgart Administrative Court ( Verwaltungsgericht ) of 28 October 1998, file no.1 K 4787/98. The private broadcaster hoped, by applying for a temporary order, to oblige the supervisory authority, the Land of Baden-Württemberg, to prohibit the public broadcasting corporation Südwestrundfunk (SWR) from broadcasting the programme " SWR 3 Metro ". SWR 3 Metro was broadcast on two Stuttgart frequencies at particular...

IRIS 1999-6:1/8 [DE] Koblenz Appeal Court on Protection of Telephone Directory Entries

Replying to an application for a temporary order, the Koblenz Appeal Court ( Oberlandesgericht - OLG ) decided on 27 October 1998 that in future no telephone directories may be sold in CD-ROM format without the telephone subscribers' prior permission. The applicant, a computer software manufacturer, who also produced a CD-ROM telephone directory with which subscribers could be identified by means of their telephone number, neighbourhood searches could be carried out and business numbers found, had been prohibited from selling these CD-ROMs by means of an injunction. As a result of this, she had...

IRIS 1999-6:1/7 [DE] Federal Supreme Court Bans Sale of CD-ROM Telephone Directories

On 6 May this year, the 1st Civil Court of Appeal ( I. Zivilsenat ) of the Federal Supreme Court ( BundesgerichtshofBGH ), which hears cases concerning copyright and competition law, ruled that companies selling telephone directories in CD-ROM format require a licence to use information on subscribers contained in telephone books published by DeTeMedien , a subsidiary of Deutsche Telekom AG . DeTeMedien , which also publishes its own electronic telephone directory on CD-ROM containing data provided by Deutsche Telekom , had sought an injunction against and damages from two companies selling CD-ROM...